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Accepted Use Policy

The following additional terms and conditions are applicable to Sales Orders for Onemind’s Ethernet Dedicated Internet Service

This is Onemind Services LLC’s Usage Policy, which supplements the service agreement of each user of Onemind Services LLC’s services (each a “Subscriber”). Every Subscriber is subject to this Usage Policy and by virtue of using Onemind Services LLC’s services, network, and/or systems (collectively the “Services”), agrees to be bound by this Usage Policy. Onemind Services LLC will revise this Usage Policy from time to time. Subscribers violate this Usage Policy when they (or their affiliates or clients) engage in the following prohibited activities.

Violations of Intellectual Property Rights.

Any violation of any person’s intellectual property rights, privacy rights, rights of publicity, or other personal rights is prohibited. Onemind Services LLC is required by law to remove or block access to content appearing on or through the Services upon receipt of a proper notice of copyright infringement (see “Copyright Infringement Notice Information” below)

Spamming

Onemind Services LLC has zero-tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our clients as well as the Internet community from the negative effects of “spam” related activity.Onemind Services LLC defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.

Our Policies

  • Onemind Services LLC clients or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Onemind Services LLC may consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion.
  • Onemind Services LLC clients are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.
  • Onemind Services LLC clients will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service.
  • Onemind Services LLC clients are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
  • Valid complaints received by Onemind Services LLC will be forwarded to the client for a response and resolution. If within twenty-four (24) hours there is no response, Onemind Services LLC may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with Onemind Services LLC when it changes.
  • If Onemind Services LLC receives repeat complaints indicating that a problem has not been resolved, Onemind Services LLC reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours. Onemind Services LLC will then forward mail to the company directly, bypassing spam filtering.

To report an incidence of abuse, please email abuse@onemindservices.com

Misrepresentation of Transmission Information

Forging, misrepresenting, omitting, or deleting message headers, returning mailing information and Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

Hacking

“Hacking” and related activities is prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts, or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Export Control Violations

The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.

Child Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Onemind Services LLC is required by law and will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities

The use of the Services to engage in any activities that are determined by Onemind Services LLC, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Onemind Services LLC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive, or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

Other Activities

Engaging in any activity that, in Onemind Services LLC’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, Onemind Services LLC’s business, operations, reputation, goodwill, clients and/or client relations, or the ability of Onemind Services LLC’s clients to effectively use the Services is prohibited. Such prohibited activities include making available any program, product, or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with Onemind Services LLC in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a client of the Subscriber is a violation of this Usage Policy. In general, Onemind Services LLC does not monitor its clients’ websites or activities to determine whether they are in compliance with this Usage Policy. However, when Onemind Services LLC becomes aware of any violation of this Usage Policy or its User Agreement, Onemind Services LLC may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Onemind Services LLC may take action against a Subscriber or a client of such Subscriber because of the activities of such client. Onemind Services LLC reserves the right to take any such action even though such action may affect other clients of the Subscriber.

Onemind Services LLC may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Onemind Services LLC or others from harm, and/or to ensure the proper operation of the Services. Onemind Services LLC has no obligation to notify any person, including the Subscriber about whom information is sought, that Onemind Services LLC has provided the information.

Copyright Notice Infringement Information

In accordance with the Digital Millennium Copyright Act, Onemind Services LLC has adopted a policy that provides for termination of websites hosted by Onemind Services LLC that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Onemind Services LLC or its subsidiaries, and the copyright holder wants Onemind Services LLC to remove the website or disable the material in question, Onemind Services LLC will remove the website or disable the material if the copyright holder provides us with all of the following information:

  • A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
  • Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
  • A statement that the person giving the notification has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Onemind Services LLC and its Subsidiaries may act immediately and without notice to suspend or terminate the Services if, in Onemind Services LLC and its Subsidiaries’ sole discretion, Customer’s or its End Users’ use of the Services violates the terms of this Acceptable Use Policy.

Customer may cancel any services purchased under this Agreement with written notice to Onemind Services LLC and its Subsidiaries within thirty (30) days of the purchase’s effective date. Except as otherwise provided in the Agreement between the Parties, in the event of a timely cancelation, Customer shall not owe any fees or charges for the services being canceled in respect of any period subsequent to the date of such written notice (except those arising from continued Usage), and shall be entitled to a pro-rata refund of any prepaid and unused fees for the services subject to the cancelation. All purchases are final after 30 days.

Notices should be directed to:

Legal Department

Onemind Services LLC

11501 Dublin Blvd, Suite#200

Dublin CA 94568

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